Advocate Paritosh Sharan Agrawal

Questions Answered by Advocate Paritosh Sharan Agrawal

Q: Request for Legal Consultation Under DV Act And 498A

A false and malicious case under the Protection of Women from Domestic Violence Act, 2005 and Section 498A of the Indian Penal Code has been instituted by my younger brother and his wife against me and my family members. In the said matter, I, along with my wife, my mother, my sister, and my brother-in-law, have been wrongfully arrayed as accused. The case is presently at the trial stage, and I seek independent legal consultation as I am dissatisfied with the current status and progress of the trial.

Advocate Paritosh Sharan Agrawal answered
DV Act covers those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or through a relationship in the nature of marriage or adoption. In addition, relationships with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to legal protection under the proposed legislation. However, whereas the Bill enables the wife or the female living in a relationship in the nature of marriage to file a complaint under the proposed enactment against any relative of the husband or the male partner, it does not enable any female relative of the husband or the make partner to file a complaint against the wife or the female partner.

Q: FIR Number Verification - URGENT

Hello,We are a company located in Dubai and one of our friend has been arrested in Noida but he is normally living in Lucknow. The brother of him sent some document and as a company we need to verify the document. Due to arrested by the cops, we cannot get any information from our friend but we are talking his younger brother. Then, we need to check the details and verify that

Advocate Paritosh Sharan Agrawal answered
The arrest of any person in a criminal matter may be performed by the local police either in regard to any complaint or FIR, or in regards to any apprehension of committal of crime. As per the regulations set by code of criminal procedure the police is required to produce the detained person before a Magistrate within 24 hours of such arrest or detention.

Q: Criminal Case Against IPC- 406,120B

IPC- 406,120B lgne par apna bchao ke liye ya FIR cancel krvane k liye kya Krna chahiye. Qki case jhudha lgaya gya h

Advocate Paritosh Sharan Agrawal answered
धारा 406 एवं 120B भारतीय दण्ड संहिता की प्रथम सूचना रिपोर्ट को खारिज करने की शक्ति केवल उच्च न्यायालय एवं सुप्रीम कोर्ट में है I आप उच्च न्यायालय में अपना सम्पूर्ण पक्ष रखते हुए क्रिमिनल रिट याचिका दायर कीजिए

Q: Fullform of LA2W and PO LAFP in quashing petition

What is the full form of LA2W and LAFP and PO as mention in front of case of 482 crpc petition

Advocate Paritosh Sharan Agrawal answered
These are some of the abbreviations for common terms used in Court.LA2W - List after two weeks LAFP - List after fixed period PO - Pass overDF - Date fixed PH Part HeardED Early DateWC Week commencingNCL Next Cause ListOC Ordinary CourseNW Next WeekLO Left Over

Q: Re-marriage Post the ex parte Decree

My spouse had been in Paris and I in India. I applied for divorce in India and my spouse never turned back for 3 years. Now i have got ex-parte divorce decree from family court in Delhi. Now I am very much sure that my spouse will not appeal also. So i was thinking to not to waste time. and do another marriage.Question is Whether it is Illegal to marry without waiting for limitation period to lapse provided my spouse is not going to do an appeal against the decree.B RegardsDhanshree

Advocate Paritosh Sharan Agrawal answered
It is important to wait for 90 days after issuance of decree of divorce for a valid marriage. In case your spouse files an appeal against the decree of Divorce in HC then you need to get it disposed first.